Independent Panel Review of the Bay Delta Conservation Plan prepared for The Nature Conservancy and American Rivers

Two non-­governmental organizations, The Nature Conservancy (TNC) and American Rivers (AR), are evaluating their options for engagement with the Bay Delta Conservation Plan (BDCP). If approved, the Plan would become a Habitat Conservation Plan (HCP) under the federal Endangered Species Act and a Natural Communities Conservation Plan (NCCP) under California law. The purpose of the Plan is to allow for construction of new water diversion facilities in the Sacramento-­San Joaquin Delta while also protecting aquatic and terrestrial species that may be adversely affected by the project and accompanying changes in the State Water Project (SWP) and Central Valley Project (CVP) operations. The Plan also includes habitat restoration and a commitment to assist in the conservation and recovery of species that are listed for protection under the federal and state Endangered Species Acts.

With financial support from the S.D. Bechtel, Jr. Foundation, Saracino and Mount, LLC, convened an independent panel of experts, with technical support from NewFields, Inc., to evaluate portions of the Plan. The panel, working jointly with TNC and AR, developed a series of technical and legal questions about the Plan. This report provides answers to these questions, along with limited recommendations on how to improve BDCP.

To simplify analysis, this review focuses on conditions for federally listed fishes during the Early Long Term (ELT), a decade after a permit would be issued (approximately year 2025). These are described in detail in the BDCP Effects Analysis and accompanying Environmental Impact Statement/Environmental Impact Report. We compared the performance of three different scenarios: a No Action Alternative (NAA) where no new North Delta diversion facility is constructed, a High Outflow Scenario (HOS) where the facilities are operated in a way that allows for occasional high spring and fall outflows, and a Low Outflow Scenario (LOS) with lower spring and fall outflows.

The review also emphasizes in-­Delta and Sacramento River watershed conditions during the ELT, with less attention to San Joaquin River conditions and fishes.

Although multiple data sources were used in this analysis, most hydrologic data came from CALSIM simulations conducted by BDCP consultants. The Panel strongly cautions about the conclusions drawn from these simulations. Flow simulations have three compounding uncertainties that can lead to significant error: (1) uncertainty in system understanding and future conditions, (2) model uncertainties (particularly the relationships between 1-­, 2-­, and 3-­dimensional models), and (3) behavioral/regulatory uncertainty where the models cannot capture the scope of human behavior in operating the projects under various conditions.

These uncertainties, which are not described in BDCP documents well, makes all of our conclusions contingent on the projects actually being operated as simulated.